HOUSE CONCURRENT RESOLUTION NO. 33
(By Mr. Speaker, Mr. Kiss and Delegates Webster, Amores, Anderson, Argento, Ashley,
Azinger, Barker, Beane, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Caputo,
Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Fragale, Frich, Hartman,
Hatfield, Howard, Hrutkay, Hunt, Leach, Long, Longstreth, Mahan, Manchin, Marshall, Martin,
Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Porter, Roberts, Rowan,
Schoen, Spencer, Staton, Stemple, Sumner, Susman, Swartzmiller, Talbott, Tansill, Rick
Thompson, Ron Thompson, Trump, Tucker, Varner, Wells, G. White, H. White and Yost)
Requesting the Joint Committee on Government and Finance to make a study of participation of
minority and other disadvantaged small businesses in the process of competing for and
obtaining state contracts.
Whereas, During its 2004 Regular Session, the Legislature adopted House Concurrent
Resolution 25, recognizing, in part, that business ownership among racial and ethnic minorities in
this State appears to be proportionately less than minority business ownership nationwide and
recommending that the State take steps to encourage minority small business development, including
reviewing state procurement policies and practices; and
Whereas, The State has traditionally had no established program to encourage effective and
meaningful participation of African Americans and other minorities in the process of competing for
and awarding of state contracts for goods and services; and
Whereas, The Small Business Administration of the United States Government has in place
programs to encourage participation in the procurement of federal government contracts by small
businesses owned and controlled by socially and economically disadvantaged individuals, including
racial and ethnic minorities and women; and
Whereas, The West Virginia Department of Transportation is required by federal law to
develop and has in place a program to certify "disadvantaged business enterprises" as a means of
fostering equal opportunity for small businesses owned and controlled by socially and economically
disadvantaged individuals with regard to federally-funded Department-assisted contracts in state
highway and transit programs; and
Whereas, It appears that the State should have programs similar to those administered by
the federal Small Business Administration and the United States Department of Transportation; and
Whereas, It is in the interest of this State to encourage successful development of small
minority-owned businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility of developing a program, similar to the programs operated by the federal Small Business
Administration and the United States Department of Transportation, to encourage minority small
business participation in competing for and obtaining state contracts, to be implemented by the
Department of Administration and, possibly, by other agencies; and, be it
Further Resolved, That any study should include, at a minimum, a review of the
disadvantaged business programs of the federal Small Business Administration, the United States
Department of Transportation, the West Virginia Department of Transportation, and any other similar programs; a review of how state government contracts are awarded; and consideration of how
to develop goals for awards of contracts to disadvantaged businesses and provide for reports on the
meeting of such goals by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
the drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
This resolution was recommended for introduction and passage during the 2005 session of
the Legislature by Select Committee E.
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